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Our client was the defendant in Apprehended Domestic Violence Order (AVO) proceedings taken out by police on behalf of our client’s wife.

To complicate things more, the police took out a cross claim making our client the protected person with his wife the defendant in another AVO at the same time. This is a very unusual circumstance for anyone to be in.

Our client contacted CDLA and spoke to our senior lawyer Kate Miller. Comprehensive advice and around the clock preparation work was immediately commenced from the get go following the first free appointment with our Kate.

Whilst preparing to defend the AVO proceedings, Kate had a very practical approach to first try to get the AVO dropped early through negotiations before the hearing day.

Accordingly, Kate drafted detailed legal representations (letter explaining why the AVO should be dropped) and sent it to the police prosecutor and officer in charge of the case.

The wife and our client had been in a relationship for approximately 10 years. There had been no prior history of domestic violence in which our client was the perpetrator. The relationship has deteriorated over the course of the past year as a result of the wife cheating on our client.

The police allegations in the AVO papers were completely false and were not agreed upon by our client. Kate as part of her negotiations with police articulately and persuasively pointed out all the inconsistencies in the police evidence, shining a light on how untruthful the wife’s version is.

Kate actually went a step further and also produced evidence favouring our client to police. Something which is rarely done out of fear of disclosing the defence case too early before the hearing. But Kate was convinced that the AVO should be dropped, and did everything she could to achieve this purpose.

Our Kate’s efforts in doing everything she could to get the AVO dropped for her client were successful. It was obvious that the true aggressor in the relationship was the wife, not our client.

The AVO was withdrawn early by police, and allowed our client to move on with life noting that him and the wife share a 10 year old son together. Thanks to Kate’s tireless efforts in fighting for her client, the AVO proceedings will no longer impact our client, particularly in any family court child custody proceedings.

Published on 24/03/2022

AUTHOR Jimmy Singh

Mr. Jimmy Singh is the Principal Lawyer at Criminal Defence Lawyers Australia - Leading Criminal Lawyers in Sydney, Delivering Exceptional Results in all Australian Criminal Courts.

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